No bail for men charged in Cohasset St. home invasion

Friday

Aug 30, 2013 at 11:02 PM

By Gary V. Murray, TELEGRAM & GAZETTE STAFF

WORCESTER — Two men charged in a Cohasset Street home invasion — in which shots were allegedly fired in the direction of police — were ordered held without bail Friday pending a Sept. 10 dangerousness hearing.

Devon A. McLeod, 29, of 38 Berkmans St., and Kasiem Smith, 18, of 109 Ingleside Ave., were arraigned Friday in Central District Court in connection with what police said was a home invasion shortly after 11 p.m. Thursday at 2 Cohasset St.

Each is charged with four counts each of home invasion, armed assault with intent to murder and assault with a dangerous weapon and single counts of armed robbery, carrying a firearm without a license, carrying a loaded firearm without a license, using a firearm in the commission of a felony and possession of marijuana with intent to distribute.

At the request of Assistant District Attorney Timothy A. Westerman, Judge Andrew M. D'Angelo ordered both men held without bail pending a dangerousness hearing that was scheduled for Sept. 10. Prosecutors are asking the court to find that the two suspects pose a danger to the public and to hold them without bail for up to 90 days while they await trial.

Police gave the following account:

At about 11:07 p.m. Thursday, officers responded to 2 Cohasset St. for a report of a home invasion. Officers arriving at the scene saw two masked men with handguns through a window in the first-floor apartment. They set up a perimeter and called for additional police assistance.

Minutes later, more officers arrived and provided cover. Officers then heard the sounds of breaking glass and gunshots. Two men jumped through the window.

While no officer was hit or injured, it is alleged in court documents that several shots were fired in the direction of four unnamed officers. In a statement of facts filed in court in support of the criminal charges, Officer Kevin Johanson alleged that Mr. McLeod and Mr. Smith acted in concert as part of a joint venture.

Mr. McLeod was taken into custody after running toward the front of the building, according to Mr. Westerman. Mr. Smith ran down Cohasset Street and was arrested after being found on a third-floor balcony at 53 Cohasset St, the prosecutor said. Mr. Westerman told the court that a firearm was recovered on the ground below the broken window at 2 Cohasset St.

The Worcester SWAT team arrived, along with officers from other divisions. Several occupants of the first-floor apartment refused to exit, according to police, who said they tried to determine if they were dealing with a hostage situation.

Detectives eventually made contact with the four occupants, who came out of the building.

Police said officers went inside and conducted a protective sweep for additional suspects. While doing so, they saw a large amount of marijuana and a gun, investigators said.

A third man, Jonathan V. Ren, 20, of 15 Standish St., was charged with possession of marijuana with intent to distribute, according to police. Mr. Ren was released on his own recognizance and Judge D'Angelo continued his case to Oct. 23.

Police activity in the area effectively shut down parts of Grafton Hill for more than two hours.

Lawyers for the home invasion suspects told Judge D'Angelo there was no basis for a dangerousness hearing in the case. Bruce E. Hopper, representing Mr. McLeod, said one police report indicated that after a shot was fired, Mr. McLeod, who was not masked, stuck his upper torso out of the window, waved his arms and said he was being shot at before jumping from the window.

Lawyer James Hentz, representing Mr. Smith, said no gun or drugs were found in his client's possession. Mr. Hentz said it appeared that police did not know where the shots were coming from or who was shooting at them.

Judge D'Angelo entered not-guilty pleas on behalf of Mr. McLeod and Mr. Smith before holding them without bail pending the Sept. 10 hearing. At the request of their lawyers, the two men were arraigned while standing behind a door leading into the courtroom from the lockup area, out of sight of a TV camera and spectators.

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